Section — Konings, Theologia Moralis
§ II. On The Dispensation Of Vows
A dispensation from a vow is its absolute condonation, made in the name of God by a legitimate Superior.
- Principles. - I. The Church has true power of dispensing in vows, as also in oaths. This is established from the words of Christ, Whatsoever thou shalt loose, etc.;1 and from the constant practice of the Church. - Common.
II. Only Prelates to whom jurisdiction in the external forum has been given can, by proper and ordinary right, dispense from vows, because this power pertains to the external governance of the Church, like the power of making laws and censures. Hence the Pope alone can dispense from vows, even solemn ones, for the whole Church; but Bishops or Regular Prelates only for their respective subjects (see however n. 155), and only in vows not reserved to the Pope.2
But by delegated or subdelegated right those dispense in vows who have obtained that faculty from those who can delegate or subdelegate it. Concerning these, n. 1144. III, 1203. I. But since it is doubtful whether he who has delegated power of dispensing in vows has by this very fact also the power of dispensing in oaths made without any vow or independently of it, the obligation of an oath, already certainly contracted, cannot be taken away by that doubtful power.3 (P) p. 479.
III. For the validity of dispensation a just cause is always required, because since vows are made to God alone, man cannot dispense from them except as delegated; but one delegated cannot validly dispense without a just cause, as was said concerning laws. - Thus commonly.4
Appendix annotation (P), to n. 391. II. p. 177. col. 2. That the sentence of the Holy Doctor is not to be contemned is clear from the Response which the S. C. de Propaganda Fide gave on May 3, 1828, to the Vicar Apostolic of Eastern Tonkin: "But concerning the doubt which you proposed, asking whether the faculty of commuting and dispensing simple vows is extended also to simple vows confirmed by the bond of an oath, it was consulted, and by Decree it was established that supplication should be made to the Most Holy for sanation, insofar as there is need, as regards the past, and for caution for a faculty in the future also as regards sworn vows. Which likewise was done, as you will know from the document of the Apostolic Indult already mentioned." Collect. Juris miss. p. 630. n. 1183.
- Questions. - Quaer. 1° What are just causes of this dispensation?
Resp. The good of the Church, of society, of the family, and also of him who is bound by the vow; for example, if because of the vow he is oppressed by scruples or grave temptations; if he experiences notable difficulty in fulfilling the vow; if the vow was emitted immaturely, namely with too great facility, or from imperfect deliberation, or without perfect liberty.... For this reason vows of the impubescent can be dispensed absolutely without any commutation and without another cause.... The same must be said if the vow was emitted because of light fear inflicted from without.... The same, when imperfect deliberation or liberty in vowing proceeded from sadness, or anger, or intrinsic fear of shipwreck, death, or another evil.
Quaer. 2° Can a Superior dispense in vows made for the utility of a third party?
Resp. Affirmatively, as to a gratuitous promise not accepted, or accepted but primarily made to God. Negatively, as to an onerous promise, or a gratuitous one primarily made in favor of a third party and accepted by him.1
Quaer. 3° What vows are reserved to the Pope?
Resp. Besides vows emitted in a religious Community, concerning which more precisely there will be treatment in the Treatise on Particular States, there are reserved to the Pope: 1° the vow of perfect and perpetual chastity, but not the vow of virginity only; 2° the vow of entering Religion in which solemn vows are pronounced. Thus from the Response of the Holy See of January 2, 1836, to the Bishop of Le Mans apud Gautrelet.3 From this and the preceding vow even our Bishops can dispense (p. LXX. 4). 3° The vow of pilgrimage to Jerusalem to the sepulcher of Christ; 4° the vow of Roman pilgrimage to the thresholds of the Apostles; 5° the vow of Compostellan pilgrimage to St. James. Yet this reservation, since it is odious, must be taken strictly; and therefore it ought not to be extended except to vows:
Properly so called. Hence a vow of emitting a reserved vow would not be reserved, because it would not be a vow made, but to be made; nor a vow emitted not principally in honor of God.
Absolute. Hence vows are not reserved to the Pontiff if they are penal; or conditioned, and this more probably even when the condition has been fulfilled. See nevertheless L. IV. 260. q. 3.
Altogether free. Hence vows are not reserved if they were emitted under light fear even inflicted by another.
Perfect. Hence they would not be reserved if they had been emitted under light obligation, or if they were not complete in their genus. Hence a vow of chastity, if it does not exclude every venereal act, is not reserved; wherefore a vow of not marrying, of not committing adultery, of not fornicating, of not seeking the debt, is not judged reserved; nor a vow which only indirectly regards chastity, such as would be a vow of receiving Sacred Orders.
Determined. Hence a disjunctive vow would not be reserved.
As to their substance. Hence the circumstances of reserved vows are not reserved, as of making a pilgrimage by begging; and if someone vows entrance into a stricter Religion, the Bishop will be able to dispense that he also enter a milder one.1
Quaer. 4° Can a Bishop dispense a spouse from a vow of perpetual chastity emitted both before and after matrimony, in order to seeking the debt?
Resp. Affirmatively, according to the common opinion against some; because he can dispense from every impediment hindering the exercise of the conjugal act.2 Except, however, an impediment from a vow of perpetual chastity emitted by both spouses and by mutual consent; which nevertheless we think can be taken away by Bishops who, as ours, have the faculty of dispensing in the vow of chastity (p. LXX. 4).